UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue, Suite 900

Seattle, WA 98101-3140

OFFICE OF

AIR, WASTE AND TOXICS

JUN 6 2013

The Honorable Herman Dillon, Sr.

Chairman, Tribal Council

Puyallup Tribe of Indians

3009 East Portland Avenue

Tacoma, Washington 98404

RE: Offer for Consultation and Coordination on EPA's Proposed Approval of the Puget Sound

Clean Air Agency Regulations

Dear Chairman Dillon:

The U.S. Environmental Protection Agency (EPA) is taking steps to address the backlog of older

State Implementation Plan (SIP) revisions not acted upon at the time of submission. On February

4, 2005, and August 2, 2006, the EPA received submissions from the State of Washington

requesting approval oCPuget Sound Clean Air Agency (PSCAA) regulatory changes adopted in

2003, 2004, and 2005. The PSCAA regulations apply on non-trust land and the airshed

surrounding the Puyallup Reservation consistent with the Puyallup Tribe of Indians Land Claims

Settlement Act. Since the PSCAA regulatory changes have been in place for nearly a decade, the

EPA does not anticipate significant impact in proposing approval of these rules into the SIP.

Nevertheless, on behalf of EPA, I would like to offer an opportunity for consultation and

coordination on the actions.

The first PSCAA regulatory change involves Regulation I, Section 12.03 "Continuous Emission

Monitoring System." The EPA last approved Section 12.03 on August 31, 2004, (69 FR 53007).

At that time, the EPA was concerned that language contained in Section 12.03 could be

construed to limit the EPA's independent enforcement authority with respect to continuous

emissions monitoring at a facility under a permit or order. The PSCAA satisfied the EPA's

enforcement concern and committed to revising the regulations within six months (see 69 FR

53008). The SIP revision submitted on February 4, 2005 includes the updated PSCAA regulatory

language and resolves the EPA's concern.

The remaining regulatory changes involve Regulation II, Section 3.04 "Motor Vehicle and

Mobile Equipment Coating Operations" and Section 3,11 "Coatings and Ink Manufacturing."

These regulations were put in place by the PSCAA in 1991 to control volatile organic compound

emissions and ozone formation. Subsequently, in 1998 and 2003, the EPA passed nationwide

standards for auto refinishing and miscellaneous coatings, respectively. The revised PSCAA

regulations submitted in 2005 and 2006 rely on the more stringent national standards rather than

having duplicative local and national standards. As previously noted, the PSCAA regulatory

changes have been in place for nearly a decade, so the EPA anticipates this proposed approval

will not significantly impact the local community.

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The EPA is offering you consultation and coordination in accordance with the EPA Policy on

Consultation and Coordination with Indian Tribes (www.epa.govltribal/consultationlconsultpolicy.htm). Please have your staff notify Jeff Hunt, at 206-553-0256, by July 1, 2013 if you are

interested in scheduling a consultation meeting or would like further information about any of

these issues. Feel free to call me at 206-553-1271 if you have any questions.

Ka a Ke iy, tor

Office of aste, and Toxics

Enclosure

cc: Bill Sullivan, Puyallup Tribe

Natural Resources Director (via e-mail)

Mary Basballe, Puyallup Tribe

Air Quality Staff (via e-mail)

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